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Preventing and addressing violence and atrocities against minorities 2014, para. 94
- Paragraph text
- Predicting and preventing violence must not remain an academic exercise. Post-violence analysis has helped to develop indicators and improve the potential to raise alarms and trigger early warning mechanisms; however, analysis conducted after violence has begun means that the action taken is often too little and too late. The lessons of past atrocities must be put into practice when the warning signs are clear and, even when they are not, States must become more capable of responding to them.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- All
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Minority rights-based approaches to the protection and promotion of the rights of religious minorities 2013, para. 91g
- Paragraph text
- [The Independent Expert provides the following broad recommendations to national Governments and the international community:] In multi-faith societies, efforts to build a climate of trust, understanding, acceptance and interfaith cooperation and exchange benefit the whole of society and are essential elements of good governance and measures to prevent grievances, tensions and conflict. The active engagement and leadership of religious, community and political actors is essential to such efforts and should be encouraged and supported, including through the establishment of formal and informal mechanisms for dialogue, exchanges of views and consideration of interfaith and intercommunity initiatives.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Hate speech and incitement to hatred against minorities in the media 2015, para. 106
- Paragraph text
- Legislation must fully respect the right to freedom of speech and expression and avoid any arbitrary or abusive interpretation of anti-hate speech laws. States should establish proportionate thresholds for the assessment of forms of expression which may amount to incitement to hatred, including careful consideration, on a case-by-case basis, of the context, speaker, intent, content, extent or magnitude and likelihood or probability of harm occurring. Legislation prohibiting incitement to hatred should provide effective and adequate remedies to victims, including civil remedies for damages, and guarantee the right of correction and reply.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Minorities in the criminal justice system 2015, para. 96
- Paragraph text
- States should ensure that individuals are not selected for identity checks, questioning, stops and searches, surveillance or other policing measures solely or primarily on the basis of their membership in a minority. Use by the police of their power to conduct identity checks or to stop and search individuals should be based on the requirement of individualized suspicion; and the use of broader preventive powers should be strictly circumscribed. Police should be required to record the reason for stopping, questioning or searching any person and to provide the person with a copy of the record.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Hate speech and incitement to hatred against minorities in the media 2015, para. 101
- Paragraph text
- Hatred is often constructed, fuelled, maintained and directed by certain individuals or groups against other individuals and communities who are different in ethnicity, language or religion from the dominant majority, often for political reasons or owing to long-standing and entrenched discrimination. Hateful messages may fall on particularly fertile ground where there are wider social, economic or political problems or divisions in society. The root causes of hatred often lie beyond purely ethnic or religious difference and must be better understood.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Hate speech and incitement to hatred against minorities in the media 2015, para. 103
- Paragraph text
- Traditional and contemporary media have enormous potential to foster knowledge, understanding and acceptance of diversity. Media can also be misused as a forum for stigmatization, discrimination, exclusion and, in the worst cases, incitement of violence. Contemporary media, particularly new digital media, due to its immediacy, universal scope, accessibility, interactive nature and the difficulty of regulating it, have become accessible platforms for spreading hate speech.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Hate speech and incitement to hatred against minorities in the media 2015, para. 114
- Paragraph text
- Internet service providers (ISPs) should establish detailed terms of service, guidelines and notice-and-takedown procedures regarding hate speech and incitement, in line with national legislation and international standards, and ensure transparent implementation of those polices. The Special Rapporteur encourages ISPs to collaborate with government and civil society organizations to combat hate speech, including providing adequate channels for the reporting of illegal hateful content posted on their services.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Protection of minority rights in conflict prevention 2010, para. 94
- Paragraph text
- States should implement comprehensive anti-discrimination legislation, including measures to prohibit discrimination by both State and private actors. Legislation must provide for effective, transparent enforcement mechanisms which can be accessed easily by all.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Hate speech and incitement to hatred against minorities in the media 2015, para. 113
- Paragraph text
- While recognizing the technical and operational difficulties in combating online hate speech, the Special Rapporteur encourages States to take specific measures, including specialized training of law enforcement bodies and prosecutors, to address hate crimes and incitement to hatred on the Internet, and to exchange information and best practices at the international level.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
The human rights situation of Roma worldwide, with a particular focus on the phenomenon of anti-Gypsyism 2015, para. 90
- Paragraph text
- States should implement fully the Declaration and other relevant regional and international human rights standards, including comprehensive anti-discrimination legislation that prohibits all forms of discrimination, and identify State agencies tasked with monitoring and combating discrimination.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
The role of minority rights protection in promoting stability and conflict prevention 2011, para. 86
- Paragraph text
- States should implement comprehensive anti-discrimination legislation, including measures to prohibit discrimination by both State and private actors. Legislation must provide for effective, transparent enforcement mechanisms which can be accessed easily by all.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2011
- Paragraph type
- Conclusion / Recommendation
Paragraph
The role of minority rights protection in promoting stability and conflict prevention 2011, para. 91
- Paragraph text
- Public proclamations regarding national identity, for example in the constitution, and key national symbols should be fully inclusive, and should not exclude segments of a country's population nor deny, explicitly or implicitly, the full diversity of the population.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2011
- Paragraph type
- Conclusion / Recommendation
Paragraph
Minorities in the criminal justice system 2015, para. 97
- Paragraph text
- States should ensure that rules for use of force by police respect the principles of necessity and proportionality, and that intentional use of lethal force is restricted to situations where it is strictly unavoidable in order to save life. Discriminatory patterns of use of excessive or otherwise unlawful force should be independently and impartially investigated and the results should be publicized.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Hate speech and incitement to hatred against minorities in the media 2015, para. 105
- Paragraph text
- The Special Rapporteur urges States to adopt domestic legislation, in conformity with article 20 of the International Covenant on Civil and Political Rights, prohibiting any "advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence".
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Hate speech and incitement to hatred against minorities in the media 2015, para. 107
- Paragraph text
- The Special Rapporteur calls upon all States to adopt the Rabat Plan of Action on the prohibition of advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence when implementing or revising their domestic legal framework on hate speech.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Protection of minority rights in conflict prevention 2010, para. 99
- Paragraph text
- Public proclamations regarding national identity, for example in the constitution, and key national symbols should be fully inclusive, and should not exclude segments of a country's population nor deny, explicitly or implicitly, the full diversity of the population.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Minorities and discrimination based on caste and analogous systems of inherited status 2016, para. 131
- Paragraph text
- Special measures, including reservations, quota systems and/or schemes, should be put into place and enforced in specific areas, including employment, education, and public and political institutions, in order to guarantee the effective participation and representation of affected communities in public life.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- All
- Year
- 2016
- Paragraph type
- Conclusion / Recommendation
Paragraph
Preventing and addressing violence and atrocities against minorities 2014, para. 93
- Paragraph text
- Gross inequalities and persistent poverty are frequently elements in the complex social, economic and geopolitical equations which lead to conflict and violence. Discrimination is a cause and a consequence of inequality and poverty and, under certain circumstances, including where land and resources are scarce, results in communities made vulnerable to violence. Addressing inequality and promoting equitable societies are key conflict and violence prevention measures.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Person(s) affected
- All
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Minorities and effective political participation: a survey of law and national practices 2010, para. 35
- Paragraph text
- The right to effective participation, the prohibition of discrimination and special measures are firmly rooted in international human rights law. The right of all persons to take part in the conduct of public affairs, directly or through freely chosen representatives, as well as to vote and be elected in genuine periodic elections is affirmed in article 25 of the International Covenant on Civil and Political Rights. This provision is an elaboration of article 21 of the Universal Declaration of Human Rights, which states: "Everyone has the right to take part in the government of his country, directly or through freely chosen representatives."
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2010
- Paragraph type
- Other
Paragraph
The role and activities of national institutional mechanisms in promoting and protecting minority rights 2012, para. 11
- Paragraph text
- The Committee on the Elimination of Racial Discrimination in its general recommendation No. XVII on the establishment of national institutions to facilitate implementation of the Convention (see A/48/18, chap. VIII.B), recommends that States parties to the International Convention on the Elimination of All Forms of Racial Discrimination "establish national commissions or other appropriate bodies … to serve, inter alia … (a) to promote respect for the enjoyment of human rights without any discrimination; … (b) to review government policy towards protection against racial discrimination; (c) to monitor legislative compliance with the provisions of the Convention; (d) to educate the public about the obligations of States under the Convention; (e) to assist in the preparation of reports to the Committee on the Elimination of Racial Discrimination".
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2012
- Paragraph type
- Other
Paragraph
Preventing and addressing violence and atrocities against minorities 2014, para. 24
- Paragraph text
- Article 20 of the International Covenant on Civil and Political Rights (see General Assembly resolution 2200 A (XXI), annex) states that any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law. The Rabat Plan of Action on the prohibition of advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence represents an important step taken by the international community to assist States in implementing their obligations, and provides guidance on balancing freedom of expression, which is protected under article 19 of the Covenant, with article 20. As recommended in the Plan of Action, States should ensure intercultural dialogue and mechanisms and dialogues to foster intercultural and interreligious understanding and learning. States should also promote human rights education and sensitize law enforcement and security forces.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2014
- Paragraph type
- Other
Paragraph
Preventing and addressing violence and atrocities against minorities 2014, para. 68
- Paragraph text
- The establishment of mechanisms and processes to raise and respond to alarms is essential to preventing and stopping violence. Ensuring appropriate community liaison promotes trust and establishes and maintains strong and efficient channels of communication between communities and law-enforcement bodies. Identifying the individuals, communities or locations, community leaders or high profile places of worship or congregations that are most at risk is an important step. Increasing a visible security presence in key locations, including places of worship or nearby identified at-risk communities, is a deterrent to violence. In remote locations where there is a low presence of authorities, it may be necessary to establish a security presence to protect local communities.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- All
- Year
- 2014
- Paragraph type
- Other
Paragraph
Minorities in the criminal justice system 2015, para. 44
- Paragraph text
- It has been suggested that harsher sentencing can result from bias introduced by interpretation, because of cultural differences unintentional expression of the interpreter's preconceptions, or negative perceptions of the accused's or the witness's credibility by the court or jury due to interpretation. Caution must be exercised when using a non-certified translator or interpreter, and all interrogation and other records should specify the identity and status of any such person. If translation is a minimum requirement in all cases, it is clear that it does not necessarily provide the fullest possible guarantee of fairness.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2015
- Paragraph type
- Other
Paragraph
Minorities and discrimination based on caste and analogous systems of inherited status 2016, para. 76
- Paragraph text
- In Nepal, in the agricultural sector, Haliyas ("ones who plough") are labourers effectively caught in a debt bondage system. They plough the land, a task considered dirty. They are often forced to take out loans from landowners to cover personal expenses and are charged exorbitant rates of interest, making their debts extremely difficult to pay back and effectively trapping them in a never-ending cycle of submission. According to civil society reports, despite criminalization by the Government in 2010, the practice still persists and there is currently no legislation in place for the rehabilitation of Haliyas.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Person(s) affected
- All
- Year
- 2016
- Paragraph type
- Other
Paragraph
Preventing and addressing violence and atrocities against minorities 2014, para. 43
- Paragraph text
- States must fully investigate incidents of violence and, where business actors prove to be instigators or perpetrators, impose appropriate sanctions in accordance with the law, including the termination of contracts and criminal prosecution. Victims must be adequately and swiftly compensated. As stated by the Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises (A/HRC/17/32, para. 5), conflict-affected areas are commonly where the most egregious business-related human rights abuses take place.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Violence
- Person(s) affected
- All
- N.A.
- Year
- 2014
- Paragraph type
- Other
Paragraph
Preventing and addressing violence and atrocities against minorities 2014, para. 69
- Paragraph text
- The creation of community or neighbourhood watch and early warning mechanisms that enable at-risk communities to identify threats and quickly contact law enforcement authorities is another measure that has been put in place, including in Nigeria where violence and intercommunal tensions have been present. Having local "eyes and ears" to report potential incidents offers valuable, community-based, early warning potential, although it remains reliant on a rapid response by law enforcement bodies to alerts if it is to be effective.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Person(s) affected
- All
- N.A.
- Year
- 2014
- Paragraph type
- Other
Paragraph
Protection of minority rights in conflict prevention 2010, para. 35
- Paragraph text
- Many States are engaged in ongoing efforts to accommodate the interests of diverse communities. Finding the optimal arrangement may be a dynamic process and may not be resolved at the first attempt. Some States have repeatedly adjusted the structure of their systems of federalism over many years in an effort to defuse conflict over power and resources. What is important is to ensure that the State provides channels to raise issues and to participate in decision-making; that it constantly reassesses the success of efforts to accommodate diversity; and that it is aware of the different options available.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2010
- Paragraph type
- Other
Paragraph
Minorities and effective political participation: a survey of law and national practices 2010, para. 36
- Paragraph text
- The United Nations Human Rights Committee has interpreted the conduct of public affairs broadly as the exercise of power in the legislative, executive and administrative branches. In the view of the Committee, the provision covers all aspects of public administration, including the formulation and implementation of policy at international, national, regional and local levels. Furthermore, citizens may participate in the conduct of public affairs directly or indirectly. Once a mode of participation is established, no distinction should be made between citizens as regards their participation on such grounds as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, and no unreasonable restrictions should be imposed.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2010
- Paragraph type
- Other
Paragraph
Minorities and effective political participation: a survey of law and national practices 2010, para. 38
- Paragraph text
- Article 25 of the International Covenant on Civil and Political Rights places explicit emphasis on non-discrimination in the exercise of the rights contained therein, as they are to be enjoyed "without any of the distinctions mentioned in article 2 [of the Covenant]". Article 2 secures the respect for the rights recognized in the Covenant without distinction of any kind, such as race, colour, sex, language, political or other opinion, national or social origin, property, birth or other status. This basic principle of prohibition of discrimination is repeated elsewhere in the Covenant and articulated in a number of instruments.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2010
- Paragraph type
- Other
Paragraph
The role of minority rights protection in promoting stability and conflict prevention 2011, para. 34
- Paragraph text
- In the Durban Declaration and Programme of Action (A/CONF.189/12 and Corr.1, chap. I), the outcome document of the 2001 World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, the participating States expressed their concern that socio-economic development was being hampered by widespread internal conflicts which were due, among other causes, to gross violations of human rights, including those arising from racism, racial discrimination, xenophobia and related intolerance, and from lack of democratic, inclusive and participatory governance. It urged States to recognize that techniques, mechanisms, policies and programmes for reconciling conflicts based on factors related to race, colour, descent, language, religion, or national or ethnic origin and for developing harmonious multiracial and multicultural societies needed to be systematically considered and developed (ibid., paras. 21 and 171).
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2011
- Paragraph type
- Other
Paragraph